705470-1870-HONGKONG-ANNO-TRICESIMO-QUARTO-VICTORIE-REGINE-HENRY-WASE-WHITEFEILD-Major-General-and-Lieutenant-Governor-NO-9-OF-1870- — Page 2

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THE HONGKONG GOVERNMENT GAZETTE, 20TH AUGUST, 1870.

Official Admi-

any Deceased

IV. It shall be lawful for the Official Administrator, whenever nistrator may he shall think it expedient so to do and upon such Evidence of take Possession Death as he shall deem sufficient, to take Possession of the private of Property of Papers, Monies, Coods, Chattels and other moveable Property Person until whatsoever of any deceased Person which shall be found within Grant of Pro- the Colony and to provide for the safe Custody thereof, until bate or Admi- Probate of the Will of such deceased Person or Letters of Admi- nistration of his Estate and Effects shall have been granted by the Supreme Court: Provided always that the Official Administrator may, in lieu thereof, if he shall think fit, issue forthwith a Com- mission of Appraiseinent of the said Property.

nistration.

Penalty for removing, concealing or refusing to

Property.

No Action shall be

V. Any Person who shall without lawful Authority or Excuse remove or attempt to remove out of the Colony any such Pro- perty as aforesaid, or shall destroy, conceal or refuse to yield up give up such the same on Demand to the Official Administrator, shall be guilty of a Misdemeanor and shall be liable, on Summary Conviction thereof before a Magistrate, to a Fine not exceeding Five hundred Dollars with or without Imprisonment not exceeding Six Months. VI. No Action shall be brought against the Official Adminis- trator for anything done by him in relation to such Property under the Authority or in the Execution or intended Execution of the Official Admi- Powers vested in him by Section IV, but any Person who shall feel aggrieved thereby may apply for Redress to the Supreme Court in its Probate Jurisdiction by Summary Petition verified upen Oath or Declaration and upon the Hearing of such Petition in Court or in Chambers, and whether in Vacation or not, the said Court may take such Evidence as it shall think fit, and may make any Order in relation to such Property which the Justice of the Case requires.

brought

against the

nistrator. Remedy by Petition.

Expenses incurred under

VII. The Official Administrator shall have a Lien upon all such Property for the reasonable Expenses incurred by him in respect Sec. IF to be thereof in carrying out the Provisions of Section IV, and such Expenses shall also constitute a primary Charge on the Estate of the Deceased.

a Charge on the Estate.

Production of

Person who shall find the saule or in

Proof of

VIII. When any Person shall die leaving a Will within the Will by any Colony, the Person in whose keeping it shall have been deposited or who shall find such Will after the Testator's Death, shall pro- duce and if required shall deliver the same to the Official Adini- whose keeping nistrator within Fourteen Days of the Death of the Testator or of it may be. the Time when he shall have had Notice thereof, or from the Time of the finding of the Will, as the Case may he, and any Person who shall fail to comply with the Provisions of this Section shall he guilty of a Misdemeanor and shall be liable upon Summary Conviction thereof, to a Fine not exceeding Five hundred Dollars. IX. Whenever any Person being a Native of China shall die Chinese Law. Intestate leaving Property within the Jurisdiction of the Empreme Court, and it shall be necessary to obtain Proof of the Law of China for the Purpose of regulating the Administration of the Property of such deceased Person according to the Law of his Domicil, it shall be lawful for the Supreme Court, in its Discretion, to receive in Evidence any written Statement of the Law of China, which shall be certified by any British Consul in China under his Official Seal to have been obtained by him from the Chinese Government for the Purposes of such Administration, and with Reference to the Facts of the particular Case under Consideration. X. The Chief Justice may, from Time to Time, frame General frame General Rules or Orders to be approved by the Legislative Council, for the following Purposes, and with the like Approval, may rescind or vary the same:

Power to

Rules and

Orders.

The Rules and

1. For regulating the Practice and Procedure of the Supreme Court, and the several Forms of Petitions, Orders, and other Proceedings to be used in the Court in its Probate Jurisdiction.

2. For regulating the Duties of the various Officers of the

Supreme Court, in its Probate Jurisdiction.

3. For regulating the Fees payable and the Charges and Costs to be allowed with Respect to all Proceedings before the Supreme Court, in its Probate Jurisdiction.

4. For regulating the Filing, Custody, and Inspection of Re- cords, and generally for carrying the Provisions of Or- dinance No. 8 of 1860, and of this Ordinance into Effect. XI. If any Case should arise which shall not have been ex- Orders of the pressly provided for by the General Rules or Orders to be made Court of Pro- in Pursuance of the last preceding Section, but for which Provision bate in Eng has been made by the Rules or Orders for the Time being in Force, in the Court of Probate in England, the Court may, in its Discre- tion, apply to such Case any of such last mentioned Rules and Orders, and until such General Rules and Orders shall have been made as aforesaid, the Court may direct that the Rules and Orders now in Force or which may hereafter be in Force in the Court of Probate in England or any Part thereof, and the Forms of Pro- ceedings in Use therein, or any of them, subject to their Applica.

land may be adopted in certain Cases.